ILLINOIS POLLUTION CONTROL BOARD
    April
    8,
    1976
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 75—351
    MRS.
    F.P.
    CREWS,
    individually
    and d/b/a MONA WILLIAMS TRAILER
    PARK,
    Respondent.
    Mr.
    M.
    Barry
    Forman,
    Assistant Attorney General, appeared on behalf
    of Complainant.
    Mr. Earl
    S.
    Hendricks,
    Jr., Hendricks
    & Watt,
    appeared on behalf
    of the Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board
    (Board)
    upon the September
    8,
    1975,
    Complaint of the Environmental Protec-
    tion Agency
    (Agency) charging Mrs.
    F.P.
    Crews
    (Crews) with violation
    of Rule 953 of the Water Regulations and Section
    12(f)
    of the
    Environmental Protection Act
    in that Crews owned and operated a
    sewage treatment works without
    a NPDES permit or
    a State of Illinois
    permit.
    Those portions of the Complaint referring to operating with-
    out a NPDES permit were stricken in the Board Opinion of September
    29,
    1975.
    That Opinion was reconsidered and affirmed by Order of
    the Board on December
    18,
    1975.
    Rule 953 of the Water Regulations originally required
    an opera-
    ting permit to be obtained prior to January
    31, 1975, where the
    operator must obtain an NPDES permit.
    This date was extended to
    June
    30,
    1975.
    21 —61
    —2—
    A hearing was held on February
    26, 1976,
    at which three exhibits
    were accepted into the record.
    No issue of fact is presented to the
    Board as Respondent, through her attorney, admits that she has not
    obtained an Agency issued permit
    (Ex.
    2 and 3).
    Mrs. Crews is the owner of the Mona Williams Mobile Home Park
    located on a two acre site outside Murphysboro, Jackson County,
    Illinois.
    Mrs.
    Crews operates a three cell oxidation pond and
    effluent chlorination serving sixteen trailer spaces and discharging
    to Pond Creek a tributary of Beaucoup Creek, and thence to Big Muddy
    River
    (Ex.
    1).
    Mrs. Crews applied for and obtained an operating permit for the
    instant treatment works
    in 1970
    (Ex. 1-A).
    She did not know that
    she was required by Rule 953 to obtain an additional permit.
    However,
    when she was informed of the requirement, Mrs. Crews applied for an
    operating permit.
    This application was denied on February 25,
    1976,
    for deficiencies in the operation
    (Ex.
    3).
    Mrs.
    Crews’ attorney contends that Rule 953 constitutes ex post
    facto legislation in that Mrs. Crews never had a hearing nor notifi-
    cation that her original permit would not suffice under Rule 953.
    Rule 956 states that the issuance of any permit by the Agency
    prior to Rule 953’s effective date would not excuse compliance with
    Rule 953.
    The Board is of the opinion that the Respondent’s contention is
    without merit.
    According to Black’s Law Dictionary, 663
    (Revised 4th
    edition 1968), an ex post facto law is:
    A law passed after the occurrence of a fact or commis-
    sion of an act, which retrospectively changes the
    legal consequences or relations of such fact or deed.
    It is apparent that Rule 953 refers to the act of operating with-
    out a permit after its effective date not before.
    Therefore, we re-
    ject Respondent’s contention.
    The Board finds that Mrs. Crews has operated a sewage treatment
    plant in violation of Rule 953 from June 30,
    1975,
    to the date of
    the filing of the Complaint herein.
    Due to Mrs. Crews’
    good faith
    and apparent confusion as to the state of her permit, no penalty will
    be assessed.
    This Opinion constitutes the Board’s findings of fact and con-
    clusions of law in this matter.
    21—62
    —3—
    ORDER
    It is the Order of the Board that:
    1)
    Mrs.
    F.P. Crews individually and
    d/h/a
    Mona Williams
    Trailer Park is
    found to have violated Rule 953 of the Water
    Regulations from June
    30,
    1975 to and including September
    8,
    1975.
    2)
    Mrs. F.P.
    Crews individually and d/b/a Mona Williams
    Trailer Park is ordered to cease and desist operating
    her
    sewage
    treatment plant unless
    she applies for and obtains an operating
    permit within 150 days
    of
    this Order.
    IT IS SO ORDERED.
    Mr.
    Young abstained.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    Bo
    r~1,hereby certify
    he above Opinion and Order were adopted on the
    ~
    day of~,
    1976 by a vote of
    ~
    Christan L. Moffett’
    rk
    Illinois Pollution
    rol Board.
    21
    —63

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